Major User Agreement i =
Major User Agreement for Delivery and Reuse of Irrigation Quality(IQ)Water
THIS Major User Agreement for the Delivery and Reuse of IQ Water (Agreement) is
made and entered into this ID day of hP 1 , 201F by and between LaPlaya Golf Club, LLC, a
Foreign Limited Liability Company whose mailing address is 2600 Golden Gate Parkway, Naples,
Florida, 34105 (hereinafter referred to as "User") and the Collier District Water-Sewer District
(hereinafter referred to as "District"), collectively, the Parties hereto ("Parties"). This Agreement
will take effect on 'TV ug. � St , 20 15 and will be effective through September
30,2020.
RECITALS
WHEREAS, IQ Water offers an environmentally sustainable method for managing wastewater
disposal, conserving potable water sources, and Section 403.064, F.S. encourages focal
governments to implement reuse projects and places limitations on deep well injection and
other forms of effluent disposal; the District desires to use for itself and make available to the
public, IQ Water as an alternative water resource to be used for both irrigation and non
irrigation purposes; and,
WHEREAS, all wastewater treatment plant permittees that reuse IQ Water or dispose of
effluent upon any property owned by another party, must enter into a binding agreement
between the involved parties to ensure that construction, operation, maintenance, and
monitoring of such use meets the requirements of Chapters 62-600, 62-620 and 62-610, F.A.C.;
and,
WHEREAS, the Board of County Commissioners (Board) has adopted Ordinance No. 2013-48,
to maintain compliance with District Wastewater Reclamation Facility operating permits,
applicable laws, rules, and regulations, ensure consistency with the IQ Water Policy and
allow for optimization of the District's IQ Water System;and,
WHEREAS, the Board has also adopted an IQ Water Policy, as it may be supplemented and
amended from time to time, which is intended to provide beneficial public use of IQ Water by
ensuring the optimum utilization of the District's limited water supplies;and,
WHEREAS,the District agrees to deliver IQ water and the User agrees to receive, accept, and
beneficially reuse IQ water upon the lands described in Exhibit "A" and in accordance with the
terms,conditions and responsibilities of this Agreement.
NOW,THEREFORE,the Parties agree as follows:
1. RECITALS. The recitals above are true and correct and are hereby incorporated into and
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INSTR 5135434 OR 5163 PG 1270
RECORDED 6/15/2015 9:46 AM PAGES 18
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $154.50
made a part hereof.
2. CAPITALIZED AND UNDEFINED TERMS SHALL HAVE THE MEANINGS ASCRIBED TO THEM
IN THE DISTRICT IQ WATER POLICY.
3. USER REPRESENTS AND WARRANTS RECORD OWNERSHIP. The User hereto represents
and warrants to the District that the Party or Parties identified herein as the User
constitute all persons or entities that are the record owners of the irrigable property
described in Exhibit"A,"attached hereto(hereinafter referred to as the "Property").
4. On June 25, 2013, the Board of County Commissioners (Board) adopted Ordinance No.
2013-48 relating to the production, sale and delivery of IQ Water to Users within the
District for the benefit of both the Users and the District,among other provisions.
Ordinance No. 2013-48,to include all of its definitions,terms,conditions, obligations and
requirements,is hereby incorporated into this Agreement in its entirety by reference.
5. IQ WATER POLICY. The Board of County Commissioners (Board) has also adopted an
IQ Water Policy (Policy), that may be supplemented and amended from time to time,
which delineates certain policies for providing IQ Water Service to include, but not be
limited to,definitions, levels of service, application of rates, and the provision of service.
6. QUANTITY.
Bulk Service Customers: the User's Allocation is based on the combination of the
availability of the District's IQ Water and the IQ Water Application Rate for the Property
as described in Exhibit "A." The User's Allocation, which the District agrees to make
available, and the User agrees to accept based on the terms of this Agreement, is
calculated as 225,821 gallons per day (gpd). This Allocation constitutes the minimum
amount of IQ Water that the District agrees to provide to the User, subject to all of the
other terms and conditions as set out further in this Agreement.
Application Rate-for tire- Irrigable Preperty descr+bed in Exhibit "A" and is calculated
- - _ : -! . (Not Applicable).
The District is not obligated to provide any additional IQ Water to the User beyond the
User's Allocation for the term of this Agreement. However, based upon IQ Water
availability, the District will use all reasonable efforts pursuant to the
terms of this Agreement to provide the User with additional
volumes of IQ Water beyond the User's Allocation to approximate the historic
volumes delivered to the User. Delivery of this additional IQ Water at any time does
not grant the User with an increase to its Allocation under this Agreement. No
Allocations will exceed the amount as is determined by the availability of the IQ Water.
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If the User is desirous of limiting the amount of IQ Water received to a specific volume
less than or only equal to the Allocation amount,the User must file a request in writing to
the District. Modifications to this request may only be made once per calendar year.
The District agrees that it will provide the User with its Allocation of IQ Water instead of
the deep injection of IQ Water (including charging aquifer storage and recovery wells);
except for reclaimed water needed for water reclamation facility treatment processes,
injection well testing, flushing and other regulatory requirements or as it may be deemed
necessary by the District to do so from time to time in order to protect the Public's health
and safety.
For purposes of this Agreement, each day equals a twenty-four (24) hour period, which
begins at midnight, 12:00 a.m. The District retains the right and sole discretion with
respect to delivery times to the Users.
Prior to the addition of any future Users of the 10 Water System, and based on 1Q Water
Availability, existing Major Users will be provided with an opportunity to increase their
Allocations on a pro-rata basis up to the amount of one inch (1")per acre,per week,of the
IQ Water Application Rate of the then recognized amount determined by the IQWAR
utilization, in exchange for the User's water use permit substitution or offset credits. For
the purpose of the application of this future User prioritization, any increase in IQ Water
volume for existing Major Users will be based on the amount of the Major Users' irrigable
acres irrigated with IQ Water in 2012.
7. TERM. The User agrees to receive from the District, IQ Water for approved uses for a
minimum term of five (5) years from the effective date of this Agreement (or for such
other initial term as may be determined by the District to provide for the expiration of the
first five-year term of this Agreement to coincide with the expiration of all other initial
five-year Major User Agreements), and which may be renewed for successive five (5)year
terms upon the mutual agreement of both Parties. Within no less than one hundred
eighty (180) days and no more than three hundred sixty five (365) days from the end of
the initial five (5) year term or the then-current five (5) year term, the Parties will meet
and discuss the terms and conditions for entering into a new Agreement, which will
reflect all of the terms and provisions then being incorporated into like District Major
User Agreements. If revisions to the then current standardized Agreement are required,
then the User may elect to not enter into a new Agreement with the District at its
discretion. If revisions are not required to the then-current standardized Agreement or
the Special Provisions,then that Agreement shall automatically renew for a new five year
term.
8. IQ WATER DEFINITION. shall mean alternative water resources other than potable water,
available to the District and shall include: (a)wastewater that has received the treatment
established by the Florida Administrative Code, Rule 62-610.460, currently defined as
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wastewater that meets, at a minimum, secondary treatment and high-level disinfection
after disinfection and before discharge to holding ponds or the IQ Water System and (b)
Supplemental Water Supplies such as ground or surface water. 10 Water may also be
referred to as reuse water,effluent water,or reclaimed water.
9. POINT OF DELIVERY(POD).The POD is as defined in Ordinance No. 2013-48 and located:
where the 8-inch IQ Water main feeding the golf course crosses the property line of Laplaya Golf
Club,LLC,approximately 275 feet northeast of the right-of-way line of Palm River Boulevard,
and further identified in Exhibit "B."
In the event that an existing Point of Delivery (POD)is being relocated and the District will
be relinquishing ownership and maintenance responsibility of any facilities, the District
agrees to provide to the User of any such conveyed facilities, a 5-year warranty
commencing from the date this Agreement is executed by the Parties,to offset any direct
expenses that the User may incur as the result of the permanent assumption of the
ownership and maintenance of the conveyed facilities, whereby the District will agree to
repair any facilities conveyed to the User that break down or otherwise fail to function as
intended, when the cause of the failure cannot be directly attributed to an act or acts
caused solely by the User or its agents. The District will also provide the User all District
easements necessary for the User's maintenance of the conveyed facilities.
10.DELIVERY OF IQ WATER. All IQ Water delivered to User will meet applicable state,federal
and local requirements at the District's Compliance Points. The District will not provide
any additional wastewater treatment to the IQ Water beyond the compliance points
located at the water reclamation facilities. No warranties or guarantees are made by the
District with respect to IQ Water characteristics after its discharge from the water
reclamation facilities. The District will not be held liable for any damage or harm to
persons, property or vegetation resulting from the application of District 10 Water by the
User.
11.METERS. All connections to the IQ Water system shall be metered in accordance with
Ordinance No, 2013-44, as amended.
12.DISTRICT RESPONSIBILITIES UPSTREAM OF THE POINT OF DELIVERY. Except to the
extent, if any, clearly and expressly specified in the Special Provisions paragraph in this
Agreement to the contrary, the District shall own and be responsible for all repairs and
associated costs of operating the IQ water system up to the POD.
13.DISTRICT RESPONSIBILITIES DOWNSTEAM OF THE POINT OF DELIVERY. Except to
the extent, if any, clearly and expressly specified in the Special Provisions paragraph
in this Agreement to the contrary, the District shall NOT own, operate, or maintain the
IQ water distribution system and shall not be deemed to be in possession or control of
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the IQ water distribution system downstream of the POD.
14.USER RESPONSIBILITY UPSTREAM of the POINT OF DELIVERY. The User shall NOT
own, operate, maintain or change or modify any part of the District's infrastructure.
However, the User is responsible for landscape maintenance such as mowing and
tree trimming around the District owned infrastructure on the User's property.
15.USER RESPONSIBILITIES DOWNSTREAM OF THE POINT OF DELIVERY. Except to the
extent, if any, clearly and expressly specified in the special provisions paragraph in this
Agreement to the contrary, the User shall take full responsibility for the design,
construction, permitting,financing, compliance, operation, maintenance, and repair of
the IQ water system downstream of the POD as outlined in Ordinance No. 2013-48.
All User-owned pump stations must be equipped to automatically shut down due to
low pressure or lack of flow. The District shall not be liable for User equipment failure or
any damage due to low pressure or lack of flow.
The User shall post IQ Water advisory signs as described in Section 62-610.468 F.A.C.
Residential,industrial, and commercial users shall post,maintain, and replace signage at
all community/facility entrances,storage facilities,and water features. Golf courses shall
post,maintain,and replace signage at the storage facilities, water features, and either at
the first and the tenth tee or on score cards,at the User's option.
16. USER RESPONSIBILITY TO CONVEY EASEMENTS FOR IQ WATER FACILITIES TO DISTRICT.
Upon the request from the District, t h e User, its successors and/or assigns, shall
convey to District any and all utility and/or access easements necessary for IQ water
distribution on their premises, at no cost to the District. All such documents shall be
prepared, reviewed and processed in accordance with the provisions of Ordinance No.
2004-31,as amended,Ordinance No.2013-48 and recorded as set forth herein.
17. CONSERVATION. User shall make all reasonable efforts to conserve IQ Water. The User
shall ensure that the User's employees, contractors, agents, residents, and invitees
are informed about the importance of water conservation by implementing an
educational program.
18. INDEMNIFICATION AND HOLD HARMLESS.
(i) Upon a finding through a production of competent evidence that: (a)the District has not
placed anything either into or onto the User's property without the User's written consent,
and (b)the User is responsible for injury to persons on, or damages to the property of the
District,the User indemnifies and holds the District harmless from and against all liabilities,
claims, damages, expenses, or actions, either at law or equity, caused or incurred as the
result of the negligence, omissions or willful acts of the User, its agents, employees,
residents, guests, or invitees; whose acts or omissions for which the District may be held
liable during the District's performance of this Agreement; to specifically include any cross
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connections made by the User, including, but not limited to: between potable water, IQ
water, surficial water and any other additional or supplemental water sources. User
acknowledges that IQ water, due to its chemical composition, may not be compatible with
the Users' irrigation of certain susceptible vegetation. User agrees that District will not be
held liable for any damages that may occur to vegetation or for any other damages that may
• occur due to the use of IQ water by the User provided that the quality of the IQ Water that
is delivered to the User meets all applicable state, federal and local requirements at the
District's Compliance Points.
(ii) Upon a finding through the production of competent evidence that: (a) the User has
not placed anything either into or onto the District's property or the District's easements
for its reuse water delivery system without the District's written consent and the placement
caused the alleged damage, and (b) the District is responsible for injury to persons on, or
damages to the residential or commercial property of the User as the result of the
negligence, omissions or willful acts of the District's employees, agents or other entities
otherwise engaged by the District to develop, install, operate, manage or maintain the
District's reuse water system on the User's property;the District,expressly without waiving
any of its rights to sovereign immunity, and then only to the extent permitted by Florida
law, in particular, Section 768.28, Florida Statutes, hereby indemnifies and holds the User
harmless from and against all liabilities,claims,damages,expenses,or actions,either at law
or equity, caused or incurred as the result of the negligence, omissions or willful acts of the
District, its agents, employees, residents, guests, or invitees, whose acts or omissions for
which the User may be held liable during the User's performance of this Agreement. The
District will not be held liable for any consequential damages as the result of its lawful
activities in providing IQ Water to any Users.
(iii) For the purpose of both provisions (i) and (ii) above, if the Parties cannot resolve any
dispute between them with their own representatives, formal mediation with a Florida
Certified Mediator shall be held by the Parties with each party bearing one-half(%) of the
expenses of the Mediator selected by and acceptable to both Parties. If mediation between
the Parties is unsuccessful, both Parties may avail themselves of all other available
remedies at law and in equity.
19.CROSS CONNECTIONS PROHIBITED.
On all properties where IQ Water service is provided, the public water supply shall
be protected by an approved backflow protection device as specified in Ordinance No.
1997-33,as amended.
To determine the presence of any potential hazards to the District's potable or IQ
Water Systems, the District shall have the right, but not the duty, to enter upon the
premises and operate the private system of any User receiving IQ Water for the
purpose of performing cross connection inspections.
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If a cross connection is found on a User's property, the District will immediately suspend
IQ Water service pursuant to the provisions of Collier County Ordinance No. 2013-48.The
District will provide a verbal notification to the User,followed by a detailed written notice
as soon as practicable. IQ Water service will only be reinstated upon: (a) the removal
of the cross connection together with any reasonable terms and conditions
that the District determines are necessary to avoid future cross connections;
(b) there is no history of previous cross connections or violations of the
other provisions of Collier County Ordinance No. 2013-48 relating to the
public health and safety by the User; and (c) the Florida Department of
Environmental Protection (FDEP) provides its approval of the reinstatement
to the District in a writing, if necessary. The User will be responsible for all costs
incurred by the District and the User resulting from the cross connection. These costs
include all potable or IQ Water used, including all potable water used for flushing
lines, and follow-up cross connection inspections performed by a licensed professional
irrigation contractor or a certified Reclaimed Water Field Inspector as mandated by the
District. IQ Water service will not be restored prior to submittal of a written report
summarizing the cross connection inspections with subsequent written approval by the
District.
The User shall provide results of cross connection inspections performed upon initial
connection to the District's System and take all reasonable precautions to prevent any
cross connections while making repairs or extensions to the User's irrigation system.
The User must provide the results of a cross connection inspection performed at
each internal service connection prior to each future Agreement renewal. At the end
of the five year term, one hundred percent of all potable and IQ Water service
connections shall have been inspected. The results of the cross connection inspections
must be submitted to the District by the User within thirty days of inspection. At the
time of the Agreement Renewal, the User is required to submit a minimum of two
cross connection inspections. The service connections that require inspections are
listed in Exhibit "C." Additional cross connections inspections may be required as
determined by the District when additional service connections are made or cross
connections are found
20. RATE TO BE CHARGED FOR IQ WATER. For having available and/or furnishing the IQ
Water,the District shall charge and User shall pay the rates and charges as defined in
Ordinance No.2013-44.
The User is receiving Bulk Service under this Agreement.
A. Bulk Service will be billed by the District as being the greater of either: i) the daily
Allocation multiplied by 365 days and divided by twelve billing cycles, or ii) the
actual IQ Water delivered as metered at the User's POD.
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Additional usage above the Allocation amount will be billed per published and
prevailing rates, per service type, per 1000 gallons. For Major Users with Bulk Service,
the Allocation as billed for the respective billing period shall be equivalent to a meter
availability charge.
B. Pressurized Service will be billed by the District as the actual metered IQ Water
delivered at the User's POD in addition to the service availability charge. Users with
• - - . (Not Applicable)
21. BILLING. Subject to terms and conditions of this Agreement, the District shall invoice
the User for services on a monthly basis in accordance with Ordinance No. 2013-44,as
amended, billing cycle meter readings, calculated charges, and other applicable rates,
•
fees, and charges. The invoice shall include the billing period of service, the amount
of IQ water service flows for each billing cycle, the total dollar and cents amount of
the invoice, the amount of any credit applicable to said invoice whether by payment
or otherwise, the due date, and contact telephone number for any questions regarding
the invoice.
22. UNPAID FEES CONSTITUTE A LIEN ON USER'S PROPERTY. The User acknowledges and
agrees that in the event that any fees, rates, or charges for the IQ Water Service
and facilities provided for under this Agreement are not paid and become delinquent, any
unpaid balance and all interest accruing thereon shall constitute a lien on the User's
property pursuant to Section 10 of Ch. 2003-353, Laws of Florida, the "Collier County
Water-Sewer District Special Act"(the"Act").
23. USER EMERGENCY SITUATIONS. In the event of an emergency as defined in this
Paragraph 23, the User shall notify any of those District representatives set forth herein
and request that the supply of IQ Water temporarily cease. Such notice shall be made in
writing where circumstances permit(an electronic writing is acceptable),and in the event
of an immediate emergency, such notice may be by telephone with subsequent written
confirmation. Emergencies shall include,but not be limited to,the following:
(a) Climatic conditions such as hurricanes, floods, or unseasonably excessive
rainfall that makes it impossible for User to accept IQ Water.
(b) Short term equipment or material failure, making it impossible for User to store
or distribute the IQ Water.
(c) An act of God that makes it impossible for User to accept, store or distribute the
IQ water.
24. DISTRICT EMERGENCY SITUATIONS.The District may temporarily cease IQ Water Delivery
in anticipation of a major storm event.This emergency situation shall not relieve the User
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from payment for that period of time
25. DISTRICT NOT LIABLE FOR FAILURE TO DELIVER IQ WATER. The District shall not be
held liable by the User for failure to deliver IQ Water if certain situations preventing
delivery exist that are beyond the reasonable control of the District. Such situations
include,but are not limited to,the following:
(a) Unavailability of I Q Water due to a loss or lack of influent to the water
reclamation facilities due to a collection system failure or a reduction of
wastewater influent flow beyond the anticipated low flow periods.
•
(b) Unavailability of IQ Water due to a process failure.
(c) Non-compliant IQ Water,making it unusable for approved uses.
(d) Equipment or material failure in the IQ Water delivery system, including storage
• and pumping.
(e) IQ Water treatment facility repair or maintenance.
(f) An act of God that makes delivery of IQ Water by the District not feasible or
impossible.
(g) Unusual climatic conditions such as hurricanes, floods, or unseasonably
excessive rainfall that makes it not feasible or impossible for the District to deliver
IQ Water.
In the instance of Force Majeure or other situations limiting IQ Water availability,
the District has the right to interrupt service per District operating protocols. Users
• directly impacted by a specific event; such as interruption of all Users downstream of IQ
Water main break will be interrupted as needed. In the event of limited IQ Water
availability, Bulk Users will be uniformly interrupted by a pro-rata percentage of their
Allocation.
26. NOTICES. Any notice, request, demand, instruction or other communication to be given
• to either party hereunder shall be in writing sent electronically with a request for
confirmation or receipt, or by facsimile with automated confirmation of receipt; or
hand delivery by a private service; or by registered or certified United States mail,
return receipt requested,postage prepaid;or personal delivery addressed as follows:
USER: DISTRICT:
Wastewater Director
4370 Mercantile Avenue
Naples, FL 34104
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With copies to:
Office of the Collier County Attorney
3299 Tamiami Trail E.,Suite 800
Naples,FL 34112
The addressees, addresses and numbers for the purpose of this section may be
revised by either Party by giving written notice of such change to the other party in any
of the manners provided herein. For the purpose of changing such addressees, addresses
and numbers only, unless and until such written notice is received, the last addressee
and respective address stated herein shall be deemed to continue in effect for all
purposes. Notice given in accordance with the provisions of this section shall be deemed to
be delivered and effective upon receipt of an automated fax confirmation; or on the fifth
day after the certified or registered mail has been postmarked; or receipt of personal
delivery; or delivery with an overnight courier or on the date upon which the return
receipt is signed or delivery is refused or the notice is designated by the postal service as
not delivered as the case may be,if mailed.
l 27. NOTIFICATION IN EVENT OF EMERGENCY.The User's representative who shall be notified
in the event of an emergency or District's inability to deliver IQ water are:
P. NAME, PHONE, EMAIL ADDRESS; 2
4.
Patrick Lewins,Golf Course Superintendent ALAN FIwbL j GM
(239)594-0454
239, 290 J044.
44.
Plewins @laplayagolf.com Q4trldla c 14p0ct. + ,(SON
The District shall attempt User notification by telephone or email stating the nature of
the emergency and the anticipated duration of the service interruption if the
interruption is expected to exceed 72 hours. It is the responsibility of the User to provide
written notification to the District of a change in representative. User may change its
representative by providing written notice to District to become effective upon
acknowledgement by District_
The District representatives who shall be notified in the event of an emergency are:
Irrigation Quality Manger, (239)252-6284;AND On Call Wastewater Department, (239)
252-2600
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28. USE OF IQ WATER. (i)The User hereby affirms that it has read, understands and will fully
comply with the terms,-conditions, requirements and obligations of Ordinance No. 2013-48
for the receipt of District IQ Water; and (ii)the User shall accept the IQ Water delivered by
the District and use it only for approved uses on the User's Property pursuant to all
applicable local,State, and Federal regulations.
29. CHANGES IN LAW/EXCUSE FROM PERFORMANCE.
(i)This Agreement will be governed for this initial five (5) year term by the
provisions of Collier County Ordinance No. 2013-48 as adopted on June 25,
2013.
(ii) During the term of this Agreement, if there are any amendments,
revisions or changes made to any relevant provisions of federal, state or other
local laws, rules or regulations that negatively affect either of the Parties'
ability to perform its respective duties or obligations, or obtain the reasonably
backed financial benefits expected under this Agreement, then within ninety
(90) days following the final adoption of such new law, rule or regulation, the
Parties will meet and conduct good faith discussions and negotiations with
respect to resolving the effected Party's adverse impact to include a mutually
agreeable termination of the Agreement, if warranted.
(iii) If for any reason during the term of this Agreement, any State or Federal
governments or agencies shall fail to issue necessary permits, grant necessary
approvals, or shall adopt any laws or rules that will require any change in the
operation of the treatment, transmission, and distribution systems or the application
and use of IQ water, then to the extent that such requirements shall affect the ability of
any Party to perform any of the terms of this Agreement, the affected Party shall be
excused from the performance thereof and the Parties hereto in conformity with such
permits, approvals, or requirements shall negotiate a new Agreement if practicable.
(iv) However, nothing shall require User or District to accept any new or r en e w a I
agreement if it substantially adds to the District's or the User's obligations or responsibilities
duties,obligations,and expenditures hereunder.
30. RIGHT TO TERMINATE. In the event of a default under this Agreement,the non-defaulting
party shall provide the defaulting party written notice of the default. The defaulting party
shall be given a minimum of thirty (30) days or such other reasonable time period (if the
default cannot be cured in thirty(30)days)to cure the default. If the default is not timely
cured, the non-defaulting party may notify the defaulting party in writing that it has
elected to terminate this Agreement. In the event that there is default under this
Agreement that could result in immediate harm to the Public's health or safety,the non-
defaulting party may immediately suspend its performance under this Agreement to
include the immediate suspension of the delivery of IQ Water if the non-defaulting Party
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is the District, by providing the defaulting Party with telephonic notice of such suspension
followed up by written notice. Any such suspension shall continue until such time as the
default is cured or the Agreement has been terminated.
31. ACCESS. User consents to the reasonable entry by the District upon the User's Property as
provided for by Ordinance No.2013-44.
32. NO THIRD PARTY BENEFICIARIES. This Agreement is solely for the benefit of the identified
Parties hereto, and their successors in interest, or assigns, and no right or cause of
action shall accrue upon or by reason hereof,to or for the benefit of any third party not a
Party hereto.
33. SEVERABILITY. If any court of competent jurisdiction finds that any part of this Agreement
is invalid or unenforceable, such invalidity or unenforceability shall not affect the other
parts of this Agreement if the rights and obligations of the Parties contained therein
are not materially prejudiced and if the intentions of the Parties can continue to be
effected. To that end,this Agreement is declared severable.
34. LAND USE APPROVALS. This Agreement shall not be construed as a basis for
granting, assuring, indicating, denying, refusing to grant or preventing any future grant
of land use zoning approval, permissions, variances, special exceptions or any other
rights with respect to the real property in the approved uses area, so long as those
approvals do not render this Agreement null and void,and/or negatively impact the IQ use
by the User.
35. APPLICABLE LAW. This Agreement and the provisions contained herein shall be
construed, controlled, and interpreted according to the laws of the State of Florida,
Florida Administrative Code, Collier County Ordinances, and the IQ Water Policy, as they
may be amended or replaced from time to time.
36. ASSIGNMENT. Assignment or transfer of the User's rights or obligations under this
Agreement is prohibited without prior written consent of the District. Any attempt by
User to assign or otherwise transfer this Agreement off the Property shall be deemed to
be null and void.
37. BINDING EFFECT. This Agreement shall be binding upon the Parties hereto, their
successors and assignees.
38. RECORDATION; AGREEMENT RUNS WITH THE LAND. This Agreement shall be executed
in accordance with Florida Statutes to allow for it to be recorded in the Public Records of
Collier County, Florida, at the District's cost, and shall thereby run with the land. Any
easement granted by the User and any successor and/or assigns, or any termination
issued hereunder,shall also be recorded in the Public Records of Collier County,Florida.
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The User shall have the right to sell, transfer, or encumber the Property, except that
written notice of any proposed p o osed sale or transfer must be given to the g e District, as provided
for herein, at least thirty (30) days prior to sale or transfer. So long as use of the
property shall substantially continue to be for the purposes intended by this Agreement,
any subsequent party shall be obligated under the same terms and conditions of this
Agreement unless modified by written agreement between the District and any
successor and/or assigns. At the first five (5) year renewal period after such sale,
transfer, or encumbrance, the Agreement must be renewed with the successor and/or
assigns, or IQ Water service will be discontinued.
39. ENTIRE Agreement. This Agreement constitutes the entire Agreement between the
parties with respect to the subject matter referenced herein. Any amendment hereto
shall be in writing duly executed with the same formalities as this Agreement by the
Parties hereto, or their successors in interest to the Property. Each amendment shall
clearly and specifically refer to this Agreement by title and date. Any amendments to
Ordinance No. 2013-44 or the IQ Water Policy shall not be applicable to the User during
the initial five(5)year term of this Agreement.
40. SPECIAL PROVISONS. Exhibit "D" assigns and defines site specific provisions, if any
are applicable.
41. EXHIBITS. See attachments.
Witnesses: AS TO USER
LaPlaya Go Club, LLC,a For-':n Limited
fitness(Sign ature) Liability t parry
Name:: �:�
St' .hen J. Loc ood,Manager
Witness(Sign.'.
Name:
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State of /C/9414b1
County of 6o1/Iat
The foregoing Major User Agreement for Delivery and Reuse of Irrigation Quality (IQ) Water
was acknowledged before me this j f day of / Ay , 2014, by Stephen J. Lockwood,
Manager,on behalf of LaPlaya Golf Club, LLC, a Foreign Limited Liability Company, (USER),who
is personally known to me or who has produced (type of identification)
as identification.
(affix notarial seal) / _.,,1i4, � �
':nature of Notary Public) fir
k .• DIANNA S.COMPTON
' ! `;= MY COMMISSION NFF098133 (Print Name of Notary Public)
. . EXPIRES:March 4,2018 NOTARY PUBLIC
?;, ,� Bonded T ruNotaryPedicurderwr era Serial/Commission#:(if any) 14014;;;;—..,..1 DUNS.COMPTON My Commission Expires: MYCOMMISSIONYFF098133
EXPIRES:March 4,2018
'' 49 Bonded Thru Notary Public Undenrriters
AS TO THE DISTRICT:
ATTEST:
DWIGHT E. BR* K,-cLERK BOARD OF DISTRICT COMMISSIONER,COLLIER
DISTRICT,FLORIDA,AS THE GOVERNING BODY
41: _ OF COLLIER DISTRICT AND EX-OFFICIO THE
tQ1jaLIRK GOVERNING BOARD OF THE COLLIER DISTRICT
Attest as -' WATER-SEWER DISTRICT
sianatutt OM.
By: / // ' �
Ge r r yv,eL
Approved as to form and legality:
-County Attorney
Page 14 of 18
„, ta
EXHIBIT A OR: 2472 PG: 1240
Exhibit A(Legal Description)to Warranty Deed from Palm River Country Club,Inc.to
Palm River.LLC
From the Northwest corner of Block "1•'", PALM RIVEN ESTATES,
Unit No. 4, as shown on plat recorded in Plat Book 8, pagea
G9 and 70, Public Records of Collier County, Florida, as the
POINT OF BEGINNING, RUN South 77° 30' 00" East along the North
line of sold Block "F" for 290.10-foot to the Centerline of
Palm River Boulevard; thence ruh Northeasterly along the arc
of a curve to the right with a radius of 520.00 feet rchord
bearing North 42° 26" 23" East-chord distance of 14.42 feet)
for 44.43 feet to a point of tangency; thence run along said
centerline North 44° 53' 15" East for 110.00 feet• to a point
of curvature; thence run Northeasterly and Northerly along the
arc of a curve to the left with a radius of 110.00 feet (chord
bearing North 12° 24' 59":East - chord distance of 118.11 feet)
- for 124.60 feet to a point of compound curvature; thence run
Northwesterly along the arc of a curve to the left with a radius
• of 300.00 feet (chord bearing North 26° 13' 51" West - chord
distance 64.55 feet) for 64.67 feet to the end of Palm River
Boulevard; thence run North 29° 53' 15" East for 300.40 feet;
thence run North 87° 18' 50" East for 200.44 feet; thence South
87° 41' 57" East, for 224.10 feet; thence South 64° 13' 02"
• East, for 131.05 feet; thenco South 59° 20' 58" East, fot;,100.31
feet:; thence South 63° 50' 36" East, for 199.15 feet to a point
of Curvature; thence 331.34 + t along the arc of a curve,
concave to the West, h .�. .. v of 158.33 Peet and subtended
by a chord having ,p w.* 'eat and bearing South
04° 01' 31" East t. Q,-int of com . curvature; thence 123.54
feet along the a - • a curve, conca. the Northwest, having
a radius of 355. 0 an • • . tdcd y chord having a length
of 122.92 feet -nd beari t th :5° 5 ' 4" West to a point
of tangency; th n., v.` - LT t for 282.55 feet;
thence South 73° :I' 3. ' s• e �. 6 feet; thence South
58° 18' 31" Westt.. :• '7 d,t t� 'h, - .rthcasterly boundary
of said Block "''
M A r' , NO. 4; thence South
54° 00' 00" Las• long said Nor_,ea•tca boundary of said
Block "F", for 11 •0. feet to th .s' ('r stony corner of said
Block "I"; thence herly along t' ,'sterly boundary of said
Block "F" and Hart ly alone oi,e °orthern boundary of Block
"C", of said Unit 4:4110 w corner of Lot 15, Block
"E", said Unit 4; thena "-, - 30' 00" East, for 72.29 feet
to the Southwest corner of Lot 1, Block "N", PALM RIVER ESTATES,
UNIT NO. 5, as recorded in Plat Book 10, Page 92, Public Records
. of Collier County, Florida; thence Northerly and Westorly along
the boundary of said Unit 5 to the Southwest corner of Lot 24,•
[bock "8", said Unit 5; thence North 11° 55' 12" East, along
the West.line of said Lot 24, for 15.00 feet, to the Southeast
corner of Lot 970, Unit No. 3, PALM RIVER ESTATES as recorded
in Plat Book 8, page 9, Public Records of Collier County,
Florida; thence run Northwesterly, Southerly, Southwesterly,
westerly, Northerly and Westerly along the boundary of said
Unit 3, to the Southwest corner of Lot 911, said Unit 3; thence •
run South 89° 52' 40" West, along the South line of Lot 910,
for 90.00 feet; thence South, 'for 350.00 feet; thence South
40° 00' 00" West, for 550.00 feet; thence south 77° 30' 00"
west, for 504.00 feet; thence North 75° 36' 25" West, for 74.17
feet; thence run South 14° 23' 35" West, parallel with and 140.00
feet from the Northerly extension of the Easterly Right-of-Flay
line of Cypress Way as shown on the plat of Unit No. 2, PALM
RIVER ESTATES, as recorded in Plat Book 3, Page 96, Public
Records of Collier. County, Florida, for 374.39 feet, to the
North line of Lot 010, said Unit 2,' said point lying 15.00 feet
from the Northwest corner of said-Lot 810; thence run
Southeastorly, Southwesterly, Northwesterly, Southwesterly,
Southeasterly and Easterly along the boundary of•said Unit 2,
to the Northeast corner of Lot 757, said Unit 2; thence run
North 00° 33' 09"-West, along the West line of .sald Block "F",
PALM RIVER ESTATES, UNIT NO. 4, for 622.93 feet to the Point - _
of Beginning. LESS AND EXCEPT that Portion of road Right-of-Way
(Palm River Boulevard) as shown in PALM RIVER ESTATES UNIT NO.
0 as Recorded in Plat Book 12,• I'age 12 of the Public Records
of Collier County, Florida.
Page 15 of 18
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Page 16 of 18
EXHIBIT C
Cross Connection Inspections Required
• Clubhouse
• Maintenance building
• Any other structure on the golf course property that has a potable water connection
Page 17 of 18
(64)
j \ EXHIBIT D
Special Pro vision
. \ Existing IQ meter assembly shall remain the property of the District.
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Page a32 411
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO b
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#I through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Scott R. Teach, Deputy County Atty. County Attorney SRT t
County Attorney Office J
2. BCC Office Board of County
Commissioners \(t /&/ ak12-V6
3. Minutes and Records Clerk of Court's Office 6h2.16 10'SI4n-,
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Toni A. Mott Phone Number 239-252- 780
Contact/ Department
Agenda Date Item was 6/25/2013 Agenda Item Number I 7H
Approved by the BCC
Type of Document Resolution 2013-140 Number of Original 1
Attached Documents Attached LaPlaya Golf Club,LLC
Major User Agreement
PO number or account 414-263614-649030-744012.5.2 RECORDING FORM
number if document is ATTACHED
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column, whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? TAM
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name; Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's TAM
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC as stated above and all changes made TAM
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the .. -
BCC, all changes directed by the BCC have been made,and the document is ready for t k
t Isys'
Chairman's signature.
1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
Memorandum
TO: Minutes & Records Management
FROM: .■. is ni Mott, Real Property Management
DATE: June 3, 2015
RE: LaPlaya Golf Club, LLC
Major User Agreement for Delivery & Reuse of Irrigation Quality (IQ) Water
On June 25, 2013, Agenda Item 17H, the BCC approved Resolution 2013-140 authorizing
the current Chairman to sign Major User Agreements.
Please attest to Commissioner Nance's signature as Chairman on the Major User Agreement
for LaPlaya Golf Club, LLC. Once the attestation is complete, a Recording Form is attached
to complete the transaction.
The Recording Form states the original Agreement should be returned to your office. Please
call me at x8780 to coordinate meeting at recording.
Please contact me if you have any questions.
Thank you!